Patna High Court
Sona RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Sona Rai, sought bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 2,574.72 litres of illicit foreign liquor from a truck registered in his name. He contended that he had no knowledge of the liquor being carried by the driver and co‑driver and that his only connection was ownership of the vehicle. The State opposed the bail, arguing the seriousness of the offence. The court noted that the driver, co‑driver and another accused had already been granted bail, the petitioner had no prior criminal record, and a charge‑sheet had been filed. Considering these circumstances, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs 10,000 with two sureties.
Issues considered
- Whether bail should be granted to the owner of a vehicle from which illicit liquor was recovered under Section 30(a) of the Bihar Prohibition and Excise Act
Subjects
- bail
- prohibition
- excise
- illicit liquor
- vehicle ownership
- Section 30(a)
- Bihar
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11486 of 2026
Arising Out of PS. Case No.-114 Year-2025 Thana- MAKER District- Saran
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Sona Rai, S/o- Banarasi Rai, Village-Jamira, P.S.-Dariyapur, District-Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Singh, Adv.
For the Opposite Party/s : Mr. Nand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and
learned A.P.P for the State.
2. The petitioner seeks bail in connection with
Maker P.S. Case No. 114 of 2025 dated 17.05.2025
registered for the offence punishable under Section 30(a) of
the Bihar Prohibition and Excise Act.
3. The allegation is of recovery of 2574.72 litres
illicit foreign liquor from Hywa Truck bearing Reg. No.
BR04B7688.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated in
this case. It is submitted that nothing has been recovered
from the conscious possession of the petitioner, rather, the
Patna High Court CR. MISC. No.11486 of 2026(2) dt.17-02-2026
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said illicit liquor has been recovered from the truck which
belongs to the petitioner. It is submitted that the petitioner
has been made accused only on the basis that he is the
owner of the said truck but he had no knowledge about the
said illicit liquor being carried by the Driver and Co-driver.
It is further submitted that at the time of occurrence, two
persons were arrested, who have been granted bail by a co-
ordinate Bench of this Court. Pankaj Kumar (Driver) and
Deepak Kumar (Co-driver) have been granted bail vide
order dated 15.07.2025 passed in Criminal Miscellaneous
No. 44990 of 2025 and Mahesh Rai has been granted bail
vide order dated 30.08.2025 passed in Criminal
Miscellaneous No. 40867 of 2025. The petitioner is in
custody since 15.12.2025, having no criminal antecedent
and charge-sheet has been submitted in the case.
5. Learned A.P.P for the State opposes the prayer
for bail of the petitioner.
6. Having considered the facts and circumstances
of the case and submissions of learned counsel for the
parties, let the petitioner be released on bail upon furnishing
bail bonds of Rs. 10,000/- (ten thousand) with two sureties
Patna High Court CR. MISC. No.11486 of 2026(2) dt.17-02-2026
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of the like amount each to the satisfaction of the learned 3 rd
Exclusive Special Excise Court, Saran at Chapra in
connection with Maker P.S. Case No. 114 of 2025.
(Khatim Reza, J)
prabhat/-
U T
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